Energy

Create new sections of KRS Chapter 353 to establish the purposes of the Act; define terms; require and specify the types of permits before constructing or operating a carbon dioxide facility; exempt enhanced oil or gas recovery under KRS 353.592; require any oil, natural gas or coalbed methane well converted to a carbon dioxide sequestration well to be governed by this Act; set forth the requirements and process to obtain a Class VI underground injection control permit; require permit fees to be put in the carbon dioxide sequestration facility administrative fund; set forth a process for commercially valuable minerals; designate the consent of owners of pore space for a administratively complete application; specify when the Energy and Environment Cabinet can begin technical review of the application; require financial responsibility sufficient to cover specific activities and cabinet review of financial responsibility annually; provide that the cabinet's determination is considered final; allow for the adjustment of financial responsibility based on adjustments in cost estimates; list the type of financial instruments which can be used as qualifying financial responsibility instruments; authorize the cabinet to promulgate administrative regulations for financial responsibility; identify reasons why the cabinet would deny an application for a permit; authorize the cabinet to restore applicant eligibility for permit under specific grounds and circumstances; require cabinet approval for a transfer of a permit and allow obligations and rights to pass to the new transferee; require periodic review of permits; prescribe the notice and comment requirements for a Class VI permit; delineate the cabinet's actions for applications that are complete and incomplete; prohibit the approval or transfer of a permit to an operator for conditions specified and allow eligibility after an applicant, operator, or control person takes certain remedial actions; establish requirements to maintain the integrity of carbon sequestration wells and notification of affected parties when activities occur on the well site; provide mechanism of redress for parties that are not in agreement over activities on the well site; specify the requirements for plugging and abandoning a Class VI well or monitoring well; authorize the secretary of the Energy and Environment Cabinet to enter into cooperative agreements; specify the requirements for a completion certificate issued by the Energy and Environment Cabinet after demonstrating compliance for 50 years or another time frame designated by the cabinet along with notice and public hearing; require ownership transferred to the Commonwealth and that both pore and surface owners are held harmless from liability; establish a carbon dioxide sequestration facility administrative fund and specify the moneys to be placed into the fund and the purposes and uses of the fund; establish an application fee to be paid to the carbon dioxide sequestration facility administrative fund and authorize the cabinet to promulgate administrative regulations for a fee schedule; establish a carbon dioxide sequestration facility trust fund and specify the purposes and use of moneys in the fund; require sequestration operators to pay a fee on each ton of carbon dioxide sequestered and have the fees remitted to the carbon dioxide sequestration facility trust fund; require the cabinet to prepare an annual report on the Class VI underground injection control permit and the carbon dioxide sequestration facility trust fund; state that the report is due December 31 of each year beginning with the receipt of the first application for an underground injection control permit; require the Energy and Environment Cabinet to certify the amount of carbon dioxide sequestered by each permittee and allow amounts sequestered to be used for a carbon dioxide credits, allowances, trading, emissions allocations, or offsets; prohibit the altering of legal rights or relationships of several mineral estates and pore space owners in common law; specify methods for nonconsenting owners; allow for the cabinet to make a determination on missing or nonconsenting pore space owners for a sequestration facility and notice for a pooling order; require the applicant to pay the cost of administrative hearing with a pooling order; establish notice for a pooling order and the compensation of owners; establish requirements for seismic survey of lands; require operator to deposit funds for unknown or missing pore space owners and allow funds to be moved to the carbon dioxide sequestration facility trust fund after 7 years; create a severability clause; establish violations and penalties; require notice and service for violations and establish courts with jurisdiction and a requirement for a stay of notice and administrative hearing; authorize the cabinet to promulgate administrative regulations to develop regulatory program for the administration of the underground injection control program; repeal KRS 353.800, 353.802, 353.804, 353.806, 353.808, 353.810, and 353.812, relating to geologic storage of carbon dioxide.

Create a new section of KRS Chapter 141 to establish a nonrefundable income tax credit for alternative jet fuel producers; require the Department of Revenue, in conjunction with the Department of Agriculture and the Energy and Environment Cabinet, to promulgate administrative regulations; require the department to report on the credit to the Legislative Research Commission; amend KRS 141.0205 to order the credit; amend KRS 131.190 to allow the Department of Revenue to report on the credit.

Create a new section of KRS Chapter 416 to prohibit the construction of any solar electric generating or related transmission facility on any land that was acquired by eminent domain; amend KRS 416.570 to require that as part of the verified petition required to be filed prior to an exercise of eminent domain, a condemnor shall certify that the proposed condemnation will not violate the prohibition on constructing solar electric generating or transmission facilities on condemned land.

Urge the University of Kentucky and the University of Louisville to explore opportunities to participate in the United States Department of Energy's Nuclear Energy University Program and to extend their curricula to offer courses and degree paths to train the workforce that will construct and operate the next generation of nuclear energy facilities; encourage the University of Kentucky and the University of Louisville to collaborate with the United States Department of War to explore possible nuclear energy-related grant funding and research opportunities.

Amend KRS 278.160 to prohibit the collection of charges and fees for other governmental units by an investor-owned electric utility; prohibit the collection of certain surcharges and amounts that are not directly and exclusively related to the provision of electric service; require investor owned utilities to file new tariffs 90 days after December 30, 2026; EFFECTIVE December 30, 2026.

Create new sections of Subchapter 40 of KRS Chapter 224 to define "advanced recovery facility," "circular energy economy," "circular energy facility," and "energy carriers"; declare legislature finding regarding the landfilling of wastes as an obsolete method of waste management and promotion of a circular energy economy using circular energy facilities; create a Circular Economy and Advanced Recovery Advisory Council attached to the Energy and Environment Cabinet; identify members of the council and meeting schedule; require the council to make recommendations on policies that advance a circular energy economy using advanced recovery technologies; set forth the duties of the council; require the council to prepare an annual report to be submitted to the Legislative Research Commission by December 30 of each year; prohibit local governments and special districts from banning circular energy or advanced recovery facilities in their jurisdiction.

Create a new section of KRS Chapter 164 to establish the Nuclear Reactor Site Readiness Pilot Program; define terms; require the Kentucky Nuclear Energy Development Authority (authority) to annually submit recommendations to the General Assembly for awarding grant funding to eligible applicants for up to 1/3 of the actual costs incurred in applying for and procuring an early site permit, construction permit, or combined operating license from the United States Nuclear Regulatory Commission, not to exceed $25,000,000; establish eligibility requirements and scoring criteria for applications; require the authority to make eligibility determinations and objectively score grant applications; require that applicants procure a surety bond or other similar security to guarantee the repayment of the grant amounts in the event of forfeiture for eligibility; provide for forfeiture and repayment of grant funding if certain permitting, licensure, or commencement of construction timelines are not met; establish the Kentucky nuclear reactor site readiness pilot program fund; create a new section of KRS Chapter 278 to allow a regulated utility to apply to the Public Service Commission for the recovery of costs not covered in its existing rates incurred in applying for and procuring an early site permit, construction permit, or combined operating license from the United States Nuclear Regulatory Commission; prohibit the recovery of costs for any amounts that have been offset by grant funding from the Nuclear Reactor Site Readiness Pilot Program; amend KRS 164.2802 to require 12 hours of nuclear-related training for new and existing at-large voting members of the Kentucky Nuclear Energy Development Authority; allow the director or the chair of the authority to waive the training requirement for any member who can demonstrate adequate knowledge of nuclear-related issues; require that the authority include its evaluations, scores, and funding recommendations for the Nuclear Reactor Site Readiness Pilot Program with its annual report to the Governor and the Legislative Research Commission; amend KRS 164.2803 to allow fusion-related nuclear energy projects to be eligible for grant funding from the Nuclear Energy Development Grant Program.